The preferred course in matters of divorce is to approach the court or the mufti of the country
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Question:
Your Eminence! This questioner says: A man divorced his wife with two separate, distinct divorces, and the third divorce is on a paper, which is customary, and he did not utter it. Is the wife forbidden to him? And if this wife is forbidden to him, is it permissible for her to reside with him in a two-story house, where he is on the upper floor and she is on the lower floor, for the reason that she has children to raise? Please advise us, may Allah reward you.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Divorce is a serious matter, and problems arise in it. Therefore, what I see in such a case is that the divorcing husband and the divorced wife should approach the mufti of the country, or the court, so that they may look into the matter of the divorce that occurred, examine its causes, and determine if there are any obstacles to its occurrence, or if there was severe anger that necessitated the divorce. This is because the matter is of great importance. So, what I see in this is that the divorcing husband and the divorced wife, in any country, should approach the ruler, or the mufti, so that they may look into the matter of the divorce, and the woman’s wali (guardian), such as her brother, or her father, or someone similar, should be with her, so that the fatwa is based on insight and clear evidence. Yes.
Your Eminence! This questioner says: A man divorced his wife with two separate, distinct divorces, and the third divorce is on a paper, which is customary, and he did not utter it. Is the wife forbidden to him? And if this wife is forbidden to him, is it permissible for her to reside with him in a two-story house, where he is on the upper floor and she is on the lower floor, for the reason that she has children to raise? Please advise us, may Allah reward you.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Divorce is a serious matter, and problems arise in it. Therefore, what I see in such a case is that the divorcing husband and the divorced wife should approach the mufti of the country, or the court, so that they may look into the matter of the divorce that occurred, examine its causes, and determine if there are any obstacles to its occurrence, or if there was severe anger that necessitated the divorce. This is because the matter is of great importance. So, what I see in this is that the divorcing husband and the divorced wife, in any country, should approach the ruler, or the mufti, so that they may look into the matter of the divorce, and the woman’s wali (guardian), such as her brother, or her father, or someone similar, should be with her, so that the fatwa is based on insight and clear evidence. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
